Dheeravath Nag_e1d9r N1k v. 1. The State of Telangana

Petition Under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fited therewith, the High court rnay be pleased to issue an appropriate writ, order or Direction, more particularly one in the nature of writ of Mandamus, decraring the inaction of the respondent authorities in taking steps to prevent the unofficial respondents from encroaching the pathway passing from Edukotta Thanda village, Miryalaguda Mafldal, Nalgonda District to Mission Bhagereradha water Tank inspite of the written I I I I complaint dt. 17 -5-2025 as being illegal, arbitrary unlawful and unconstitutional and consequently direct the respondent authorities to forthwith remove the stones erected on the pathway and to restore the same. I |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities to forthwith take appropriate action against the unofficial respondents pursuant to the complaint dt. 17-05 2025, pending disposal of the main writ petition. Counsel for the Petitioner : SRI AMARAGANI MALSOOR GOUD Counsel for the Respondent Nos.1 to 4 : SRI L.RAVINDER, AGP FOR REVENUE. Counsel for the Respondent Nos.5 to 7: - The Court made the following ORDER HON'BLE SRI JUSTICE C,V. BTIASKAR REDDY ,1 ORDER UrRIT PETITION No.1637S of2O2S It is stated that the petitioner is the owner and possessor of the agricultural land admeasuring Ac.O. 1O guntas in Sy.No.911/C92 and Ac.0.35 guntas in Sy.No.911/Co, situated at Edukotla Thanda Village, Miryalaguda Mandal, Nalgonda District. It is further stated that the petitioner's name was incorporqfed in all the revenue records and he was also issued pattadar passbook No.T2B 17O062889 uide Khata No.6O847 under the provisions of tlre Telangana Rights in Land and Patradar Passbooks Act, 2O2O. It is further stated that as per the survel. sketch, dated 04.O7.1992 was prepared while enter[aining the registered saie deeds, there was a donka/path way on the u.estern sicle of the subject lands of the petitioner and the said donka is being used as ingress and egress to the adjacent land o,,r'ners/ plot oivners. It is further stated that when the unollicial respondents are trying to encroach upon the said donka, the pctitiorler rvas constrained made a written complaint, datecl 17.O5.2O25 to take steps to prevent them from encroaching upon the clonka. The gricvance of the petitioner is that even after receipt o[ the said complaint, the respondent authorities did not take an_r,. steps. Hencc, this u.rit petition. I 1l i I 2 C'VBR, J wp 163 75 _2025

2. Considered the submissions of the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 4 and with their consent, this writ petition is being disposed at the admission stage. In view of the nature of relief soughr, for in this u,rit petition, issuance of notice to the unoffrcial respondents is dispensed with.

3. karned counsel for the petitioner has con[endcd that the roads/pathways which have been depicted in the registered sale deeds/revenue records would vested with the State and free from all encumbrances, therefore a duty is cast upon the revenue authorities to remove the encroachment of the pathway through which the land owners are having access to reach their llelds.

4. Sri L.Ravinder, learned Assistant Governmcnt Plearlt:r lor Revenue, has submitted that even though thr road has bccn shown in the registered sale deeds and as pcr the survev map prcpared by the Tahsildar, the said road r.r'as not ciepicted in the Village -Naksha prepared under the provisions o[ the Telangana Land Revenue Act, 1317 Fasli. 5- Even though from the facts it is revealecl that the petitioner is claiming easmentary rights over thc donka situated on westcrn CVBR, J Wp 16375 2025 side of the subject plot and since it is stated that there is a registered document over the subject land and the roads, which have been shown in the said document are in existence for morethan lOO years, this Court is of the opinion that the ends of justice would be met if respondent No.4 is directed to conduct an enquiry and if there is existing road, rvhich is vested in the State and was encroached upon by the unofficial respondents, remov€ the said encroachments forthwith and il there are private disputes among the pelitioner and adjacent o\vners r,,,ith regard to the existing road, the parties are directed to agitate their claims before the appropriate forum in accordance u,ith [ar.r,.

6. With the above observations, this Writ petition is disposed of There shall be no order as to costs.

7. As a sequel, the miscellaneous peririons pending, if any, shall stand closed. //TRUE COPY// S D/- A.H.S. GOWRI SHANKAR S TANT REGISTRAR SECTION OFFICER Telanoana at Hvderabad.

1. The Principal Secretary, Revenue Department, Secretariat' State of 2. The D-istrict Collector, Natgonda District Nalgonda' 3. The Sub-Collector, Nalgonda District, Nalgonda . . +. fii" tt/|i"Ait R"r"nr" dfficer, tvliryalaguda lvlandal, Nalgond-a District' 5. i;; CC.G GP FoR REVENUE''Hrgh C,ourt for the State of Telangana at o cj'*-cCto sht Adlnnncnrut MALSOOR GouD , Advocate ioPUCl 7. Two CD Copies o Hvderabad. [OUT] 4 \ To SA GJ I \ HIGH COURT DATED:1710G12025 ; /.i i., 0! IiEP M 1; \- D, ORDER WP.No.16375 of 2025 DISPOSING OF THE W.P WITHOUT COSTS.